STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CJ220305RT
Emilia Barboza, RENT ADMINISTRATOR'S
: DOCKET NO.: BG220470S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodation
known as 1103 Carroll Street, Brooklyn, N.Y., Apt. #4-A.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
This proceeding was commenced on June 25, 1987, when the tenant
asserted that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed and further alleged that the tenant refused to
provide access to the subject apartment.
Thereafter a no access inspection of the subject apartment was
conducted on August 10, 1988, by a DHCR inspector who found that
all services specified in the complaint were corrected.
In its petition for administrative review, the tenant states, in
substance, that the order should be reversed because the owner
failed to correct the services specified in the complaint.
The petition was sent to the owner on May 3, 1989. In response,
the owner urged that the petition be denied.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the petition should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, the
DHCR is required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
The Commissioner finds, that the tenant's petition does not
establish any basis for modifying or revoking the Administrator's
order which determined that, based on the inspection results, the
owner was maintaining required services and that a rent reduction
was not warranted.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is,
Joseph A. D'Agosta